BILL NUMBER: AB 1251	CHAPTERED  09/21/99

	CHAPTER   447
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   MAY 25, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999

INTRODUCED BY   Committee on Agriculture (Cardoza (Chair), Maldonado
(Vice Chair), Brewer, Florez, Reyes, Thomson, and Wiggins)

                        FEBRUARY 26, 1999

   An act to amend Sections 9562 and 10721 of, to amend and renumber
Sections 10782 and 10783 of, and to add Sections 10704, 10782, 10783,
and 10784 to, the Food and Agricultural Code, relating to
agriculture.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1251, Committee on Agriculture.  Animal diseases.
   (1) Existing law requires the Secretary of Food and Agriculture,
whenever he or she discovers any case of contagious or infectious
disease that affects any animals in the state, to quarantine the
diseased animals and, when necessary, other animals upon the same
land or premises.
   This bill, instead, would require the State Veterinarian, subject
to the state administrative adjudication provisions of the Government
Code, to impose a quarantine upon a population of domestic animals
or food products from animals, as specified.
   (2) Existing law makes it unlawful for any person to import any
swine into the state, except for immediate slaughter, unless the
person procures a health certificate prior to shipment or movement of
the swine.  Existing law, by regulation, requires an import permit
for the importation of swine, as prescribed.  Existing law authorizes
the Secretary of Food and Agriculture to adopt regulations to
control or eradicate prescribed swine diseases by taking specified
action and makes any person that willfully and knowingly violates
those regulations guilty of a misdemeanor.
   This bill would instead make it unlawful for any person to import
any swine into this state except for immediate slaughter unless the
person procures a health certificate and an import permit from the
Department of Food and Agriculture prior to the shipment or movement
of the swine.  The bill also would make it unlawful for any person to
import any swine into this state for immediate slaughter unless the
person procures an import permit from the department prior to the
shipment or movement of the swine.  Because, under existing law, a
violation of these provisions would be a crime, the bill would impose
a state-mandated local program.  The bill would require any person
requesting an import permit to identify the premises, as defined, of
the swine prior to the shipment of the swine into the state.
   The bill would authorize the department to impose an
administrative penalty not to exceed $100 per individual animal for
each violation of specified regulations relating to the control of
prescribed swine diseases.  In addition, the bill would provide that
a willful and knowing violation of these regulations is a crime,
punishable as an infraction by a fine of not more than $100 per
animal for each violation, a misdemeanor, or a felony.  The bill
would authorize the department, after notice and hearing, to revoke a
prescribed license granted by the department to a person conducting
business as a packer, stockyard, dealer, agent, or any individual
that receives, transports, or deals with the marketing of swine or
swine products that violates specified provisions of law relating to
the regulation of swine and would declare that a previous violation
of those provisions is sufficient cause for the revocation of that
license.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9562 of the Food and Agricultural Code is
amended to read:
   9562.  (a) Subject to the rights and procedures established
pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3
of Title 2 of the Government Code, and in accordance with
regulations adopted pursuant to this code, the State Veterinarian
shall impose a quarantine if he or she believes, upon any basis
reasonably supportable by standard epidemiological practice or
credible scientific research, that a population of domestic animals
or food product from animals has contracted, or may carry, an
illness, infection, pathogen, contagion, toxin, or condition that,
without intervention, could transmit an illness that could kill or
seriously damage other animals or humans, including, in addition to
the original condition, those clinically plausible secondary
illnesses, infections, pathogens, contagions, toxins, or conditions
arising from the effects of the original.
   (b) (1) Because the authority conferred by this section is
designed to protect the health and safety of the citizens of this
state, the authority shall be interpreted broadly to give full effect
to the purpose of protecting the public health and safety and shall
be construed to include the imposition of quarantines in the
circumstances of natural disaster, whether occurring or imminent, or
declared emergencies.
   (2) In furtherance of the objectives of the quarantine, the State
Veterinarian may impose restrictions not only on the affected animals
themselves and the uses to which those animals may be put, but on
products produced from, by, or with those animals in order to
minimize the risk or spread of food-borne illness.
   (3) The State Veterinarian's quarantine powers set forth in this
section expressly include the power to order movement, segregation,
isolation, or destruction of animals or food products, as well as the
power to hold animals or food products in place.
  SEC. 2.  Section 10704 is added to the Food and Agricultural Code,
to read:
   10704.  "Premises" is the farm of origin where swine were born and
raised or where they have resided for a minimum of 90 continuous
days immediately preceding shipment.
  SEC. 3.  Section 10721 of the Food and Agricultural Code is amended
to read:
   10721.  (a) It is unlawful for any person to import any swine into
this state except for immediate slaughter, unless the person
procures a health certificate and import permit from the department
prior to the shipment or movement of the swine.
   (b) It is unlawful for any person to import any swine into this
state for immediate slaughter unless the person procures an import
permit from the department prior to the shipment or movement of the
swine.
   (c) Any person requesting an import permit shall identify the
premises of the swine prior to the shipment of the swine into the
state.
  SEC. 4.  Section 10782 of the Food and Agricultural Code is amended
and renumbered to read:
   10785.  If the secretary finds and determines that similar
regulations are necessary to control the diseases described in
Section 10781 while hogs or swine are in interstate movement, the
secretary shall notify the Governor so that the Governor may act
pursuant to Section 9570.
  SEC. 5.  Section 10782 is added to the Food and Agricultural Code,
to read:
   10782.  The department, after notice and hearing, may revoke a
license granted by the department to a person conducting business as
a packer, stockyard, dealer, agent, or any individual that receives,
transports or deals with the marketing of swine or swine products
that violates this chapter or a regulation adopted pursuant to this
chapter.
  SEC. 6.  Section 10783 of the Food and Agricultural Code is amended
and renumbered to read:
   10786.  (a) (1) Whenever a person violates any regulation that is
adopted pursuant to this article, the department may impose an
administrative penalty not to exceed one hundred dollars ($100) per
individual animal for each violation.
   (2) If the department issues an administrative penalty pursuant to
paragraph (1), the department shall issue a Notice of Violation to
the alleged offender or the offender's agent.  The notice shall be
written in plain English and shall inform the offender as to how the
offender may challenge the administrative penalty.
   (b) (1) A willful and knowing violation of any regulation that is
adopted pursuant to this article is a crime, punishable as (A) an
infraction by a fine of not more than one hundred dollars ($100) per
individual animal for each violation, (B) a misdemeanor, or (C) a
felony.
   (2) Notwithstanding any other provision of law, the imposition of
an administrative penalty pursuant to subdivision (a) shall not
preclude prosecution of a person pursuant to paragraph (1).
  SEC. 7.  Section 10783 is added to the Food and Agricultural Code,
to read:
   10783.  A previous violation of any provision of this chapter, or
a regulation adopted pursuant to this chapter, is sufficient cause
for the revocation of a license under Section 10782.  Proof of a
previous violation of this code, or a regulation adopted pursuant to
this article, shall be considered an aggravating factor for a current
offense.
  SEC. 8.  Section 10784 is added to the Food and Agricultural Code,
to read:
   10784.  Any proceeding for the denial or revocation of a license
pursuant to Section 10782 shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.  The department shall have all of the
powers that are granted in that Chapter 5.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
